Discussion Forum on Nuisance

Meaning of Nuisance

Meaning of Nuisance

by Enan Sikder Lam[222-26-563] -
Number of replies: 0


The word Nuisance is derived from the French word ‘Nuire’ which means to annoy or hurt. It is an unlawful interference with a person’s use or enjoyment of land. Under normal circumstance, a person is entitled to the full and reasonable enjoyment and use of this property tangible, intangible, movable or immovable, whatsoever. This being his legal right cannot be taken away without lawful justification. Contrary to the provided protection if someone unlawfully interferes with this entitlement of a person he/she commits a tort of Nuisance.

As per the most accepted definition of Nuisance which is the one given by Bermingham, Nuisance is an unlawful interference with a person’s use and enjoyment of land, or of some right over, or in connection with it. Hence it is an injury or inconvenience faced by a person in the use of his property because of another person who unreasonably uses his own property in a way which negatively affects the former.

According to Stephens “Nuisance is anything done to the hurt or annoyance of the lands, tenements of another, and not amounting to trespass.

Another Jurist Salmond expresses “The wrong of Nuisance consists in causing or allowing without lawful justification the escape of any deleterious thing from his land or from elsewhere into land in possession of the plaintiff, e.g. water, fumes, smoke, gas, noise, heat, vibration, electricity, disease, germs, animals.